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A Predictive Model of Decision Making in State Supreme Courts:

The School Financing Cases

Ohio State University

In recent years, numerous state governments have seen their methods of financing public primary and secondary education challenged as unconstitutional. To date, 13 state supreme courts have upheld their financing systems while 11 others have found such methods unconstitutional. This article develops and tests a multivariate model of judicial decision making which attempts to indicate the factors which lead to variation in the decisions on this issue. The analysis indicates the primary importance of the court itself, the relevant constitutional language and the facts surrounding the case.

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